Wednesday, June 29, 2011

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  • gc28262
    06-16 03:15 PM
    I guess we should ban people like dilipcr and senthil1 who are here to achieve their selfish ends.

    Though we have the capacity to tolerate such self seeking anti-immigrants, it diverts the energy and focus of IV members from the reason for which IV was founded.

    dilipcr and senthil1,

    We don't appreciate your presence here as your agendas don't fit ours. Please stay away from IV.





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  • immique
    07-18 11:45 PM
    Spillover will occur from the first quarter itself this time. it has not happened in the last few years because, there were many applications from ROW(especially EB2 and EB3 ROW) coming from backlog centers and using up all the visa numbers as all the spillovers got passed on to EB3 bypassing EB2 retrogressed countries. this is exactly why EB2 was unavailable in February. now with the correct interpretation of the law and EB1 and EB2 ROW being current, the spillover will happen from Nov/dec of this year itself for 2009 quota. But I am not sure how quickly the dates move for Eb2 or how much spillover will happen. remember the visas allotted for a particular quarter will be used by the end of the quarter and I doubt if there will be much demand in EB1 and EB2 ROW that can use up all the visas for the quarter. this is why I think EB2 I and C will get spillover very early in the year and I don't think we will be waiting till the last quarter for this to happen

    What makes you so sure the spillover can happen in the first quarter? Is there an example in the last 10 years? You may have forgot Feb. 2008 bulletin. If what you say is true, why it was U for EB2-I on Feb. 2008? No one in USCIS can take the responsibility if the spillover in first quarter causes EB2 RoW with cutoff date later, as they can't predict if there will be enough(or not) applicants to fullfill the quota. Therefore, spillover can only happen at 4th quarter. Unless if there's really mininum of usage, then it may start at 3rd quarter, but I don't think it will ever happen at 1st quarter.

    Here is the Feb 2008 bulletin.
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
    INDIA EMPLOYMENT SECOND PREFERENCE HAS BECOME �UNAVAILABLE�

    Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months. As a result the annual limit for the India Employment Second preference category has been reached, and the category has become �unavailable� effective immediately.





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  • new2gc
    09-04 01:53 PM
    You dont even talk about my village even in your dreams.. Our village is much happier than before 5 years.. Its all becuase of YSR did for our village.

    Looks like Your village might not have any resources to loot, so has shown some work which would have benefited few people (Like you).

    As some other member mentioned that Jesus is angry on him, Not only Jesus, even Lord Venkateswara was also angry because even after converting to Christan, he took all the honors that chief of the state would get at Tirumala. Also, one can clearly see in Tirumala the way the whole administration behave during YSR regime compared to NTR/NCB regime. One can only experience, cannot explain..it will lengthy story...

    His polices like, Govt money for Vatican trips and causing lot of grievence to the devotees in Tirumala should also be considered to evaluate his attitude, don't just go with TV news.

    When Chiru campaigned for PPP, there were millions of people attended his meetings, but we all know what the result was.

    So, just think like 1 corrupt politician down many left and move on. No more arguments.





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  • ss1026
    04-20 11:23 AM
    I applied for a labor substitution in 2003. The old labor had a master degree given out in may of 1999 and I had mine in august of 1999. I went and applied for it but the substitution was rejected after about 2 years. I wasted more than 5K and about 2 years. It is too much of a risk but give it a shot if it worth the risk for you



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  • jhaalaa
    01-14 01:19 PM
    Ombudsman discussed the RFE rates on page 18 figure 7 of the following document:
    http://www.dhs.gov/xlibrary/assets/cisomb_annual_report_2009.pdf

    H1b RFE rates
    Year VSC CSC
    2006 12.7 07.1
    2007 11.4 11.0
    2008 11.8 11.6

    It would be interesting to see the new RFE rates, as this memo gets actioned at USCIS.

    Best Wishes for all.





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  • immigrationmatters30
    07-16 08:39 PM
    ThanksGC for the reply,but what if by the time I apply for labor, I enter 6th year and if assuming labor is approved in 6 months, can I use PD from the previous employer to extend beyond 6th year. I am asking because I was under the impression, I cannot extend my H1 if I file labour in 6th year( it has to happen before I reach 6th year).But in my case I have approved labor with PD before I reach 6th year but from different employer.

    In short,Can I apply for one year extention based on my labor PD from different employer even if I file new labor from new employer after entering 6th year.


    I-140 IS NOT PORTABLE. PD is portable.
    You can get 7th year extension to your H1 transfer to caompany B based on your I-140 approval from previous compnay. You have to file new LC and I-140 from your new company and while filing I-140, you port your old PD by providing your old I-140.



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  • PlainSpeak
    01-13 12:43 PM
    Only one thing I like in this big post,, that is you are not HE you are SHE... we can be friends, you are so nice.

    MC
    If wishes were wings, pigs would fly





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  • Macaca
    06-27 08:02 AM
    So are you saying that we could have possible retrogression effective from any day in July?

    In the absence (to our knowledge) of USCIS URL, it is not possoble to say that dates can not retrogress in the middle of a month. For example, USCIS has no rule of time period between switching jobs. This means they can do whatever they feel like.

    I am saying that 2007 GCs can get exhausted at any time independent of I-485s received/approved.



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  • oliTwist
    06-14 12:44 PM
    For most of the ppl with hateful comments, Reality sucks and bites back. I agree with dilip and unfortunately, among billions voices and opinions dont matter. Just brutal personal attacks.

    That said. We cant stop the outsourcing and dumping. Today is biilions from India and china and tomorrow rest of billions from rest of world (like Africa and rest).

    If you dont have any proper counter argument, dont post. Period, dont stoop to personal attack.(race,caste,place and commutiy and alma mater).

    Grow up folks.





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  • h1techSlave
    09-25 07:19 PM
    Quarterly spill over is the only sensible option which can be done at this time. This is the only option which might be doable and which is supported by both EB2 and EB3.

    Visa recapture and all the other major law changes - not much of a chance in this political climate.
    Re-instating vertical spill over - welcomed by EB3; but strongly opposed by EB2.
    Current spill over (horizontal) - welcomed by EB2; but strongly opposed by EB3.

    Quarterly spill over: no law change required; supported by both EB2 and EB3. This is the way to go.

    Unless IV request DOS for a quarterly spillover DOS would not do it. All the good things that happenned in the last 2 years were because of IV involvement starting with the July Fiasco when USCIS accepted 485 applications, I am sure the report published by USCIS about the pending 485 was done because of the FOIA filed by IV.



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  • pitha
    03-14 09:32 AM
    You can actually do it on your own. Dont mistake canadian GC process with the american green card process, Canadian process is well defined and simple.

    I applied on my own. You can use this website, it is the candian government website. http://www.cic.gc.ca/english/index.html





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  • BharatPremi
    07-11 12:48 PM
    BharatPremi,

    Same applies to you.. If you are so crazy about Bharat, what are you doing here.... HEHEHE. Just thought that it was kinda funny statement because of your name....BharatPremi --- :D

    My "Avtar Name" is "BharatPremi" not "BharatVasi" To do "Prem" you do not have to be "vasi":)



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  • Macaca
    06-26 07:54 PM
    The assessment is correct. The Visa Bulletin is published by the 15th. of every month by DOS. So, by July 15, whatever number of applications, USCIS receives, they have to count them and send the numbers to DOS. DOS then have to do their math and come up with August 2007 numbers, but August 2007 Visa Bulletin has to be published by July 15.

    DOS allocates GC numbers to USCIS adjustment cases only as the point of approval is reached. DOS can set/move/retrogress PD based on info provided by USCIS about number of cases at point of approval.
    USCIS is not able to provide a good estimate of this number because

    it can not calculate this number based on USCISs workload, and
    it does not know the number of cases DOL will send to them. DOL again can not calculate the number of cases (it will send to USCIS) based on DOLs worload.


    The following are from page 35 and beginning of page 36

    The key to addressing this management issue at USCIS is to understand the dynamic interplay of priority dates and shifting workloads of three departments, and to know with greater precision and accuracy the size and details of USCIS� workloads.
    The tri-agency meetings seek to expand inter-agency communication regarding expected new demands and surges, workflows, and priority dates. During the meetings, there is an examination of the case management systems and data collection processes used to assess workflows through each entity, particularly USCIS.
    Although USCIS stated in its 2006 Annual Report Response (at p. 8) that it provides detailed data to DOS, the tri-agency group identified gaps in USCIS� data.





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  • smuggymba
    01-15 03:24 PM
    I trust the talent of desi dallas, they will come up with a way to circumvent this:D

    Their other talent includes asking some part of money from the employee from their salary every month so that they can give them money when they are on bench. They are genius. They come up with some serious fun stuff:eek:

    I thought the same way as you did too. I am no fan of these job shop companies but remember some one will pay the price and face hardships I hope its just those companies not the employees. But the way things are if this gets effective employees can also get into a limbo - which I dont like - like say someone has gone for visa stamping and that gets denied or worst his/her family is still in the US - or something like that. Its true that the employee should try and look for a new job opportunity meeting new regulations but its not easy as it sounds.

    More important point to consider is that new rules/regulations the way I understand it were suddenly implemented mid-stream - you cant do that. What if in after some time they apply same regulations to say people on EAD and using AC21 (i am still not clear whether it already applies to EAD we will have to wait for legal experts to comment) ? Or worse yet they come up with new regulations for people who already have their GC's approved ?

    cinqsit



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  • hopefulgc
    02-16 01:00 PM
    Any word on the following two issues i posted:

    ----1----I think there is definitely someone else here better than me at leading this issue & getting people together. So if the moderators can allow members willing to step forward and help out with this, to have edit permissions on this thread, that would be help



    ----2---Can the moderators please modify the poll to be the following or add another poll to this thread. I don't seem to have the requisite permissions.

    Q) Do you commit to participate in a class action lawsuit against USCIS
    Options:
    1) I am willing to commit $10-$20 needed for the initial consultation ($600-$1000)
    2) Yes. I am willing to commit $500
    3) Yes. I'm willing to be a plaintiff ( full name and full contact info required)
    4) Yes. I'm willing to commit $500 and become a plaintiff as well
    5) No. I don't think it will work





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  • Lasantha
    12-14 04:41 PM
    If that were the case then the rest of us must be equlally skeptical of your ideas since you yourself hail from an oversubscribed country. :cool:

    All you need to do is listen to the idea with an open mind and see if that makes sense. Obviously the ppl from oversubscribed countries would love to see these restrictions removed (and I can understand that) but please also keep in mind that the people from ROW will think twice about supporting such a move if it's done without other provisions like increasing the total quota, visa recapture, excluding dependents and faster processing times.


    On the other hand if you are from "ROW" then all your attempts to kill this ideas will make me understand how scared you are of this idea and hence how good this idea really is. :)



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  • bsnf
    07-10 11:08 AM
    Good Luck.

    I think you should publish your story.





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  • samay
    07-29 10:36 AM
    Thanks a lot for your reply.

    I had completed my BSc in computer science with 3 years & also completed my Masters(MCA) in computer science with 3 years.(both from India)

    Total I have 6 years(3 yrs bachelors + 3 yrs masters) of education/qualification in Computer Science.

    My labor has been approved & in that it is mentioned, position requires Masters degree.

    Do I qualify for EB2 category?
    I already filled I-140 in March 2008 under EB2.

    I will really appreciate your response.




    Thanks.


    To answer your question I will have to go through all your I-140 documents. What did your academic evaluation and experiential evaluation stipulate.





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  • prem_goel
    05-29 03:12 PM
    I strongly feel you guys are right regarding EB1 misuse. I also know of some people who are applying in EB1 using these loopholes. we should do something to stop this fraud.

    I've read other people's comments in this thread about how Cognizant is misusing EB1 category. I know a couple of folks who did that. This is something that should be brought up to the right people's observation. I plan to submit WH-4 atleast to begin with, against this company. Please PM me if you know anyone else who frauduently represented himself/herself for EB1 category.





    ItIsNotFunny
    04-20 10:46 AM
    I am working for Company A and company B wanted to provide me with pre-approved labor of EB2 category with priority date in July 2002. The Company B's pre-approved EB2 labor was for a Master degree with salary of 80K. I have only bachelor Degree but with more than 8 years of experience in IT. My I-140 has been approved with the present employer company A but it is EB3.

    Is there any possibility to take advantage of the company B's pre-approved EB2 labor certificate considering more than 5 years of experience as a qualification though it requires a Master degree.

    Thank you.
    Based one information above, I would not go for this.





    at0474
    12-13 01:05 PM
    "If you read the history of immigration this country you will see that such measures are typically taken with restriction in mind not diversity."

    --Any country's immigration policy has to have some control measures built into it. I cannot imagine any country opening its gates wide open for the entire world to migrate into her without any limitations. So the question is, whom to "restrict" and whom to allow? This leads to the same argument, do you see this "restriction" as discrimination? There are others who see as fair "reservation" for them.

    "Diversity is the nice sounding cloak."

    --True. Every concept has been used and abused.

    "There is a definite fear that FB will bring in many mexican migrants ( "chain migration") and the country quota holds that back imho. you think it's because of indian programmers? It was made long before those existed. remember we are a minuscule number- don't feel so important- the programmers are about 2% of all immigrants. 11% is all EB, half are families, half again are techies- not all those are programmers. do the math."

    --I did not say EB quota system was framed due to high influx of indian programmers. You missed the whole point.


    "Also remember that 50,000 Gc are given a year by lottery for "diversity". as a result more bangladeshis get Gc in a year than indians on EB. so why do we need the country quota in EB again?"

    --Good question. If we look at what qualifies a country to be included in the lottery program (oversubscription etc?), it would again lead to the "balancing" intent with regards to immigration.


    "To the person bringing up caste system and fences, here is my proposal.
    i am a physician, i am being held behind hoardes of techies who can easily have PD's much before mine since i am training and working longer and the J1 holds me back. 12 years here and no where in the line...so i should get a fast track too. let's have a cap for the techies...hey it looks great from my side of the fence...i'm sure you will agree that i should be pushed up the line."

    --Precisely why I said your viewpoint would differ depending on which side of the fence you are.

    "either it's wrong or right. the caste system is wrong, from every side of the fence. it may benefit some and hurt others. but it's wrong, wrong and wrong.
    same for this country quota. sure it helps some, and looks good from "their side of the fence". that does not change the fact that it is wrong."

    --You are opining that it is wrong. You cannot state that it is a fact.

    "none of this is an argument for a legal approach. just responding to stuff here."

    --Same here. I appreciate your response though.



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